Friday 5th February 1869
Court sat at 10 am.
Present – the same
Porokaiaia Block
Map produced.
Mr. Albert Henry Nicholson appeared as agent for the claimants.
Matiu te Whiwhi stated that Te Whatanui Te Maki, the claimant was dead. That on his death bed he had authorized him and Kararaina Whawha to carry the case through the court.
Matiu te Whiwhi – sworn
I know the land delineated on the plan before the court. Te Whatanui sent in the claim for this land. He is dead. I have a claim upon it. I and others, we claimed jointly with Te Whatanui.
On his death bed he asked me to conduct the case. (Paper produced).
I belong to Ngati Raukawa. When the Ngati Raukawa migrated to this district, Te Whatanui settled on Aratangata. He had a settlement on the land; he died and left it to his son Tutaki Whatanui. Tutaki continued to reside on this land, on Aratangata, Oturoa, and other places on the block, he cultivated on it. I never lived permanently on the block. Te Whatanui is a matua keke of mine. Our title to this block has not been disputed until quite lately. There is a dispute now about our title.
Tamihana Te Hoia appeared as an objector.
Tamihana Te Hoia – sworn
I belong to Ngati Hiri, a hapu of Ngati Raukawa. I oppose the claim of Te Whatanui and Matene te Whiwhi to this land. I deny their right altogether. Those on my side are Rahua Ngapaki, Te Otimi, Te Rau and some others. We claim the land. We only claim on Oturoa and Porokaiaia not on Aratangata. My boundary is the line of road shown on the plan, and from the bend in the road in a straight line to Poutahi on the Manawatu. I claim to the west of this. There is a Kahikatea tree at Poutahi that is the Tohu.
The road from the bend to the Manawatu is all within my piece. Rahera Te and Ngapaki. M of our party first occupied this land when the Raukawa migrated here from Maungatautari. They and their tamarikis lived on Oturoa also on Wharekawa and Porokaiaia and had cultivations and houses on the block. Five of their children are buried on the land I claim. Ngapaki is dead. Rahera is present. I am a relative of hers. Te Hoia is my fathers name. Te Hoia’s land is outside this block at Ngati te Mania claimants, but they will give evidence for Rahera. It would be for Rahera to say whether any of us should be in the grant.
Rahera is living on the land still her houses and cultivations are on it now. Our fire has constantly burned on the land from the migration till now. I never saw Te Whatanui on Porokaiaia or Oturoa. Rahera and Ngapaki and their people were the occupants.
Xd by Mr. Nicholson
Te Whatanui was a matua keke of mine. Ngapaki had several wives, Rahera, Hata, Hoana, and some others.
I don’t know Te Wai. I know Pouawhati, she is dead. She was a wife of Ngapaki. I don’t know whether she lived on Oturoa.
I only visited Oturoa when I was a boy, and did not live tuturu till I grew up. I lived on it on and off for five years. I worked on the road. I lived there for a year at a time before the road making. I lived in Rahera’s house. Ngati Huia worked at the road. Ngatitimania did not work on the road to Oturoa. While road making the road, Ngati Huia lived at Wharekawa. I lived with them. Ngati Huia also lived at Oturoa while the road making was going on. I lived with them in Te Hoia’s house. Hoia was there, also Epiha. I was a man at the time. Epiha was there, he was the Rangatira of the road. Ngati Huia’s place is Porotawhao. Porotawhao did not belong to Whatanui that I ever heard of, nor Waitaharere.
I heard of a post put up at Waitaharere by Whatanui but I knocked it down. I knew Ngawhakahiamoe. Te Whatanui put a boundary there. I knocked it down. It was only put up lately by Whatanui within the last 10 years. I have heard of a boundary between that and Porokaiaia, I put it up.
Te Whatanui’s mana only extends over his own piece.
The Ngati Huia have never taken any of Whatanui’s land. The Ngati Huia were the first to occupy the land that is Rahera. I don’t know when she came. I know what Pekitaiepa is, he kupu whakahihi, never heard it applied to the Ngati Huia.
There was a meeting in 1855. The question of boundary before that meeting was about Whatanui’s piece not about Rahera’s piece. It was a Maori common dispute.
A post was put up by Epiha not on our side of the road. The road divided our land from Whatanui’s.
At the time of the meeting the road was made. The meeting decided that the road should be the boundary.
Rahera Ngapaki – sworn
I belong to Ngati Huia and reside at Oturoa. It belongs to me. I first lived on it two years before the Kuititanga (1839). My husband Ngapaki lived with me on the block, he is dead, also my children. I have lived on Oturoa up to the present time. My houses are now on the land also my cultivations. My dead are buried on it. My husbands’ brother was the first. No one interfered with us until Te Whatanui’s party made a boundary without my consent, quite lately, long after my husbands’ death. I only should be in the grant for Oturoa, if one is issued. Tamihana Te Hoia’s piece is outside at Ngati te Mania (south). I am sole owner of this land as my husband is dead, and I have been in possession for many years.
Xd by Mr. Nicholson
I have heard of a man named Tihau, my husbands mothers father. (Genealogy of Tihau’s descendants given)
When I lived first at Oturoa, Whatanui was not living at Taumatawhiuwhiu (across Manawatu north). He lived at Aratnagata but only lately, I lived at Taumatawhiuwhiu occasionally. When I first came to Oturoa there was no one living there, no houses, no mahinga’s of te Whatanui. Ngati Parewahawaha were not there.
When we first came to Oturoa we found houses and mahingas and we took possession. They belonged to the Mateawa tribe who had left it. The land was pointed out to us by the Rangiatahua of the Ngati Kikopiri – Ngati Raukawa.
Te Mateawa tribe (of Ngati Raukawa) were the first to live on Oturoa. They came there before my time. There was a whare hinaki on Oturoa when we came there. It belonged to Te Tewe (a relative of mine) of Te Mateawa tribe. I was one of Ngapakis five wives, we all came together from Maungatautari.
It was Whatanui who fetched Ngapaki and us from Taupo and we went to Haowhenua at his invitation.
Oturoa was a kainga kimi na Ngapaki.
Ngapaki and I used sometimes to live at Manawa ki Kiekei and Aratangata, there was no one there then.
Manumanu and Poutahi were hekes manuhiri. He lived two weeks with me and then died, his son was called Poutahi and became the name of a boundary. Poutahi died in Whatanuis house at Oturoa. There was no boundary there between us and Whatanui.
Te Hoia had a house at Oturoa. The house of Te Whatanui was not built till after Wakefield came.
The Ngatihuia came to Oturoa to see my husband and me and staid awhile.
Tamihana Te Hoia was born at that time. They were related to us.
When Tutaki Whatanui came from the Bay of Islands my husband and I invited him to stay with us on Oturoa, and after staying with us two years, Whatanui lived in my house till my son built a house for him.
When he committed adultery with Hinepourangi he was expelled. He had an infant buried there, it died as soon as born.
Te Pakaru and children, Kaikouiri and some other relatives of mine and Te Whatanuis died and were buried at Oturoa.
Te Otimi – sworn
I belong to Ngati Huia a hapu of Ngati Raukawa, and live at Porotawhao.
I know the land shown on the map before the court. This land belongs to Rahera Ngapaki. She lived on Oturoa, the part she claims since she migrated from Taupo until the present time, and she is living on it still, she came from there to attend the court. If a crown grant is issued for this land it should be in her name. Tutaki Te Whatanui had no title to this land, but his father Te Whatanui had.
Te Whatanui “pana’d” his son. He left and did not see his fathers death, he inherited no land. Te Whatanuis land, went to Te Tahuri another of his sons. The claimants and counterclaimants on this land are all closely related but occupied different portions of the block.
Rahera and Ngapaki lived at Oturoa, and Te Whatanui and party at Aratangata. The land was divided, and a boundary fixed between them.
The boundary was laid down by Matine te Whiwhi at a great runanga. I was present, running from a tree called Poutahi on the Manawatu in a straight line to the road at Porokaiaia. This boundary was to settle a dispute between Rahera and Ngapaki, and Te Whatanui. This boundary was respected by both parties until the year 1863 when te Whatanui attempted to dispose of the whole block including Rahera and Ngapaki’s portion. Rahera in my opinion is the only owner of this land.
Xd by Mr. Nicholson
I first went to Oturoa when Wakefield came. All Ngapakis five wives would probably have a claim on the land. I know that Matine te Whiwhi laid down the boundary at the runanga.
Te Rau – (affirmed)
I belong to Ngati Huia and live at Porotawhao.
I know the land shown on the map before the court. The part shown as Oturoa belongs to Rahera Ngapaki, to her alone. There is a boundary between her land and Whatanuis, it runs from Poutahi to Porokaiaia in a straight line. This line was laid off by Matine Te Whiwhi and the chiefs of Ngati Raukawa. It was laid off to separate the lands of Ngapaki from those of Te Whatanui. I was present at the runanga, both parties agreed to accept this as their boundary. It was not interfered with until the land was offered for sale or lease. Rahera’s fire has burned from the time of the migration till now.
Xd by Mr. Nicholson
All the Ngati Huia and Ngati Raukawa saw the boundary laid down. The line was not cut he mea korero kau. I heard Te Whatanui consent. He said kia Ngapaki tetahi tahi ki a ia tetahi taha.
Case of Claimants
Aperahama Te Huruhuru – sworn
Xd by Mr. Nicholson
I belong to the Ngati Parewahawaha and reside at Manawatu. I recognize the land shown on the plan before the court. I came to Manawatu from Taupo with the “Heke Wiremu” (first migration). When we came we commenced to subdivide the land. There were three migrations commenced to Kotikotiwhenua after the third. Whatanui went to Manawatu and took a pa there, and took the land. Ngapaki and Rahera had not come at this time, they came afterwards. When I came to Oturoa, there was no one there. I cleared a bush at Wharekawa. I had felled the bush before he came to Oturoa. He had come from Taupo (but was living at Taumatawhiowhio).
Te Whatanui was the upoko of all the Ngati Raukawa.
Rahera came after I had made my clearing. Ngapaki and her settled first at Taumatawhiowhio and had a child burnt there, that was why they left, she then came to Oturoa. I don’t know where Ngati Huia were at this time.
It was Te Whatanui who located Ngapaki at Oturoa. I remember the Mateawa living at Oturoa, they were placed there by Whatanui, he was the upoko of us all. I remember the land about here being sold to Wakefield. I remember Simmons negotiating for the purchase of Oturoa.
Whatanui made the arrangement and got the goods given in payment. He was not mad at that time but went mad three years after. I used to see Tutaki Whatanui living at Oturoa, Whatanui father and son have both lived at Oturoa. Tutaki Whatanui was not disinherited by his father.
There was no division of the land.
Xd by Tamihana Te Hoia.
Ngapaki did not cultivate at Wharekawa. I cultivated there four years. I left and went ot Rangitikei. Ngapaki remained in possession.
Matene te Whiwhi
By Mr. Nicholson
I remember the komiti about the land of Whatanui and Ngapaki. I was an assessor at the time. Whatanui wanted to drive Ngapaki from Oturoa and there was a meeting held in consequence to settle the dispute. I advised Whatanui that he and Ngapaki should “noho tahi”. He would not consent. I then named a boundary and said that neither should cross it.
Whatanui did not consent to the boundary but consented to “noho aroha”. Ngapaki said that himself and Whatanui and Rangihaeata and their wives should all reside on Oturoa together. Te Whatanui lived on Oturoa before Ngaplaki. He had a house on the land. Te Mateawa were the first to occupy it. They were located there by Te Whatanui.
Te Whatanui drove them off because they did not give him of the eels they caught as tribute.
The next to occupy the land were the Ngatiparewahawaha. They were Whatanuis tribe. They lived all over Oturoa. They lived on it for about six years. The Ngati Parewahawaha that is the last witness and tribe migrated to Rangitikei and gave up the land entirely to Te Whatanui, to him alone.
After Whatanui had made his kainga (cultivations) Ngapaki came from Taupo to Horowhenua. They lived one year there when they were sent away by Tauteka, Whatanuis wife and they went to Opiki. He staid there one year, when the people there being afraid of his powers as a makutu, sent him away. He then came to Oturoa where Whatanui was residing. It was one of his wives that brought him to Oturoa.
Oturoa was not given to him by either Whatanui or his son Tutaki Whatanui. The latter when his father died objected to Ngapaki living on Oturoa and wished to send him away hence our komiti.
Te Whatanui is dead.
The owners of Oturoa on his side now are Kararaina, Matini Te Whiwhi.
Kararaina Whawha – sworn
I belong to Ngati Raukawa.
I am grand daughter of Te Whatanui. I was brought from Taupo to Otaki. Before Wakefield came I went to Aratangata to live, cultivate there and at Manawatu kie kie. I first went to live on Oturoa after the return of Whatanui son from Bay of Islands. I lived with Tutaki Whatanui. Old Whatanui died before his son came back. I lived and cultivated for ten years on the block.
Whatanui is dead, he had no children. My sister Tauteka and I are hes nearest of kin. Matene te Whiwhi is related to him but he has also a right of his own.
Xd by Tamihana Te Hoia
Matene Te Whiwhi had no house or cultivation at Oturoa. I had a house on Oturoa, it is now broken.
Court adjourned till tomorrow.
